Editorial: The truth about licensing art.

There
are many positive reasons to create art for licensing because otherwise artists
would not license their art. But, just like all businesses' the art licensing
industry also has negative aspects. I believe that power is knowing the
negatives because you can use that knowledge to be prepared and not have
unrealistic expectations in licensing your art. And, sometimes you can convert
the negatives to positives. Negative Aspects
The following is a list in no particular order of what an artist should know
about the negative aspects in licensing art. Note: These are my opinions.
Other artists, licensing agents and experts in the art licensing industry may
have different opinions. It is always wise to get several viewpoints and not
depend on only one.• Licensing art is very competitive. There are thousands of artists
trying to license their art. And, the number of artists increase each year.
Thus, getting licensing contracts is harder each year.• Not every artist can make a living by licensing her / his art because
of the competition and less retailers selling licensed products.• Licensing is NOT a 9AM to 5PM job. Artists need to juggle daily
personal commitments with creating art and other associated licensing duties.
Dedicated licensed artists work more than 12 hours a day especially when a
deadline looms.• Not all art is licensable. There are many reasons why beautiful art is
not licensable. To find out why, read "Editorial:
Not all Art is Licensable."• Artists will not be able to license all the art they create. Because
of the competitive industry, not all art themes are popular, and the art may be
ahead or behind the trend. Also, not every image licensed will be licensed for
more than one product. It may not be the right image for other products or
manufacturers are not interested in licensing it for whatever reason.• Not all art licensing agents and manufacturers are honest.
Unfortunately, contracts are not always in the best interest to the artist and
not every agent or manufacturer pay artists monies owed them. It is always wise
to ask others in the art licensing industry if a manufacturer / agent that you
are considering is reputable. And, you should have an attorney experienced in
art licensing look over the contract before signing it.• It is difficult to protect art from copyright infringers. Some artists
watermark their images and use password protected websites. But, there are
downsides to doing so. Many manufacturers will not take the time to request a
password from the artist to view the art and dislike watermarks because they
detract from the art. But in any case, artists should copyright their art with
the Library of Congress so that if they need to sue for infringement and win,
they will get legal fees paid beside being awarded statutory damages. To learn
more about copyrights, read attorney Joshua Kaufman's article "Filing
Copyrights: How and Why or Just Do It!"• Art directors look at 100s of images for EACH image that is licensed.
Thus, manufacturers showing interest in your art does not necessarily mean it
will be licensed. For instance, experienced SURTEX show exhibitors know that
the reality is that less than 10% (more like zero to 3%) of the art that art
directors request for licensing consideration results in a deal.• Not all licensed art have accurate colors on products. This could be
due to the type of process used to print the art on the product, the
manufacturer does not have or take the time to make sure the colors are
accurate, or the manufacturer purposely changes the color saturation so that the
colors are brighter (sometimes done for decorative flags). Note: Not having
accurate colors most likely will not affect the sale of the product because
consumers have not seen the original art. Although I do grimace when I see some
of my licensed art on products.• Getting a deal does not always mean that the product will be produced.
It could be a print-on-demand type of deal which means the art on the product
will only be produced if a retailer orders it. Or, the production of the art on
the product is cancelled for some reason. Also, sometimes the manufacturer only
produces one batch and if the amount sold does not meet expectations it is not
produced again even though the contract will not expire for several more years.• Royalties from a deal can be a very small amount or nothing if the product
does not sell well. Sometimes an artist can make more revenue from a
licensing flat fee than from a royalty deal.• More and more manufacturers are pre-selling their products before
producing them. That means they may request HiRes art (high resolution)
from the artist so that they can make samples for presentations. An artist
needs to really trust the manufacturer before sending them HiRes art for
presentation because no contract is signed.• Manufacturers may request that the artist hold art for them so that
they can give presentations to their clients. If the artist agrees, it means
that she/he cannot license the art in the same category to another
manufacturer. Sometimes the manufacturer will hold the art for months and the
artist loses the chance to license the art that year if it is not accepted by
the client.• Artists may be requested by a manufacturer to create art on speculation.
That means there is no guarantee that it will be licensed. Although, there is
always a possibility it will be licensed by another manufacturer. Some artists
require that they get a designer fee before starting work on a spec project.
Others work on spec under certain conditions such as only designing an art
theme that appeals to a broad spectrum of consumers so the chances of it being
licensed is greater. Or, the artist already has a good working relationship
with a manufacturer and thinks that they will most likely create art that will
be licensed.• Artist are not always able to approved the product sample before it goes
into production. Many times the production cycle is too tight and
manufacturers are not willing to let the artist approve the sample. Although
sometimes they will send a picture of the final product via the internet.• Certain themes even though they are popular may be difficult to license to
some industries. These manufacturers already have artists that are
licensing those themes and they are not looking for another. For instance,
calendar manufactures already license art from certain artists year-after-year
for country, song birds, cats, roosters, wine and coastal themes. Until those
artists can no longer produce enough art (normally 12 - 13 images per
calendar), other artists will not be able to get a deal with them.Related Articles
• "10,
oops, 17, Things You Need to Learn to Make It in Art Licensing"
by licensing art agent Jim Marcotte of Two Town Studios.
• "Editorial:
Art Licensing Myths" - Myth #1: License your art so you do not
have to work so hard, Myth #2: License your art if you are broke and need
money. Myth #3: Any art can be licensed. Myth #4: One design can be licensed
for ALL products. Myth #5: An artist will get many licensing deals by signing
with an agency. Myth #6: Licensing revenue is always from royalties.
• "Editorial:
Art Licensing Myths continued (myth #7 to #12)" Myth #7: An
artist must have an agent or manufacturer sign a Non Disclosure Agreement (NDA)
before showing art. Myth #8: Agents not only manage the business part of
licensing but track trends, guide the artist in what art to create, and critics
it. Myth #9: There is a manufacturer art size and file format standard. Myth
#10: There is a standard time of the year for submitting art to manufacturers.
Myth #11: Manufacturers prefer to license art from agents than from individual
artists. Myth #12: Participating in manufacturers call-for-submissions
(cattle-calls) is a waste of time.
• "Editorial:
Art Licensing Myths continued (myth #13 to #18)" Myth #13: You
are not infringing on the copyright if you change someone's art 5, 10, or 20%.
Myth #14: Any free clip art and fonts found on internet websites can be used in
art and not infringe on the copyright. Myth #15: Art licensing agencies always
contact the artist when she/he submits art for representation. Myth #16: A good
way to get a licensing deal is to send out e-mail blasts. Myth: #17 A
manufacturer keeps producing product with the same art if it sells well. Myth:
#18 You only need to follow-up once after contacting a manufacturer.I have never worked harder in my life than licensing my art. It can be a
frustrating business but it is so worth it when product samples arrive with my
art on it, I see my art on products in stores, and the quarterly licensing
revenue arrives.Perhaps art licensing agent Lance Klass of Porterfield's Fine Art
Licensing states it best with "I came away from this article with the understanding that
what Joan is essentially saying to artists is that they should enter art
licensing with their eyes wide open, expecting the best but not being dismayed
when things don't work out the way they should. And not giving up when one runs
into the inevitable bumps in the road." Posted by Joan Beirigerat 9:49 PM

Facts About Clay That
You Need To Know If You Plan To Work With It

By Ethel Jamfrey

2.May
be wet and squishy, dry as bone, “leather hard” or anywhere between depending
on the addition of “Physical Water”. It can always be softened with water and
return to a “plastic state”

3.“Plastic”
means easily shaped or changed in form.

4.Clay
becomes “Permanent” when it is “Fixed” or heated to temperatures
from 900o Fahrenheit or higher.

5.“Bisque”
is clay that has been fired once.

6.Firing
causes the “Chemical Water” to be released from the bond and the new
formula becomes A12O3+2SiO2 (an alumina silicate).

7.Fired
clay will not soften or dissolve in water.

8.Clay
is Found: In nature in beds of lakes and streams, or in ancient lakes and
streams, in layers of other soils.

9.Clay
is formed from decomposing granite.

10.“Color” is always what color it is
when fired i.e. it may look gray when it’s wet and plastic, but when it’s
fired, it will usually look different.

11.Color in clay comes from metallic or
mineral impurities that oxidize during firing. They also determine the firing
temperatures of different clays.

12.“Grog” is the gritty stuff on
ground-up fired clay or sand added to clay mix to give it strength/body and
make it less likely to trap air pockets that would explode during firing.

13.Shrinkage occurs at different rates in
different types of clay. All clay shrinks as it dries and is fired. Shrinkage
varies from 10—15%.

TYPES OF CLAY

Earthenware is usually red, cream-colored or
quite dark. It is high in iron and other impurities, it is “Low
Fire” (1740o to 2130o Fahrenheit). It does not
hold water unless glazed.

Stoneware is fired at a higher temperature
(2300o Fahrenheit) and becomes very hard and vitreous and can hold
water even without a glaze.

Porcelain is the highest fired ware; it becomes
translucent when fired to 2300o – 2670o Fahrenheit, it is
vitreous and has a “ring” sound when tapped. It is also called China.

SURFACE ENRICHMENT

Surface Enrichment refers to Carving, scraping,
rubbing/compressing, engobe (an application of colored clays to the surface
before firing), an application of clay forms.

It also
refers to Staining with acrylic or water color or oils after bisque
firing and glazing.

Glaze is a surface treatment of a glass,
melted on a clay body. This is usually done with metallic oxides that give
color in addition to other chemicals that will give other effects.

About our Guest Bloggers

Joan
Beiriger

As
a self proclaimed art licensing junkie, Joan continues to search for art
licensing info and share it with other artists to help them license their own
art. Joan creates art for products. Her robust body of art is in collections,
product examples (mock-ups), and in Photoshop layered files that can be easily
customized to manufacturer's specifications. View
my complete profile

Ethel Jamfrey

An award winning sculptor in
bronze and clay, Ethel Jamfrey pursues her fascination with horses and their
movement through her artistic creations. While she has pieces in private
collections across the country and has shown her bronzes in Albuquerque, New
Mexico, San Francisco, Palm Springs and locally, she is still developing her
style and expression in sculpture and returning this year to hand built forms
in clay…and bronze.

Her
early work in sculpture had its rudimentary beginnings in the long summers of
hot afternoons on the farm when she whittled poplar suckers into horses and
crafted “paper Mache” into a model of her Paint horse. By the time she went to
high school she was painting in oils with discarded brushes and left over
paints that someone had given her. Her great fortune came to her in the
wonderful teacher she had in Art at Madera High School, Heinz Kusel. His
passion for art and life was boundless and he conveyed it to his students. He
recommended her for the Bank of America Award in Art which she received as a
senior in 1961. As a student at Fresno State she was again fortunate to have
had Adolf Odorfer as her Ceramics teacher. Odorfer was from the “old school” of
learning which demanded that students understand the medium of clay and how to
make it work for you within the bounds of its physical and chemical properties.
Under his strict supervision and guidance her “sculptural mind” was formed. It
is a way of looking at 3 dimensions that reduces it to its simplest form. It
takes the essence of a subject instead of interpreting it literally… to show
movement, interesting composition and form with an awareness of positive and
negative shapes…showing characteristics of the subject without “copying what
God has already done better”.

Graduating
from California State University Fresno with a Major in Art and Minor in Life
Sciences, she became an Art and Biology teacher for 38 years.

Along
the way, between teaching and “life”, Ethel found time to continue sculpting in
clay, and learn the craft of working wax and casting bronze…as well as
breeding, raising, training and showing Arabian horses, and photography, and
spontaneous gesture drawings of horses on clothing, logo’s for horse entities,
etc.

Her
emphasis currently is on clay forms in high relief on a plaque which allows for
a pictorial quality as well as actual three dimensional images. These pieces
will be fired. Experimentation with surface enrichment in glaze (fired) and
acrylics as well as use of different clays is also part of these adventures.
Subject matter is also in an exploratory state. She plans to continue her work
in bronze as well using Plastilina (clay with linseed oil mix) as an original
form medium.